My Car Cost Me $8000 to Repair, and My Mechanic Just Smashed It

LRadderz on 03/08/2015 - 13:28

Ok,

So my car is a Volkswagen R36. A costly car to fix if anything goes wrong, and behold, my DSG and Steering Rack needed replacements. Circa $8000.

After a weeks wait, it was almost ready to pick-up when whilst my mechanic was test driving it, an idiot pulled out in front and now it could be a possible writeoff.

If written off, his insurance company has agreed to pay my market value of $18k, and pay the mechanic what he is owed. However, if repaired, I'm not too happy that I'll be paying $8k on top for a damaged car, which is no fault of my own. I was willing to repair it, even at the costly price of $8000, just because the car otherwise was perfect and would be worth it, however, if the car had been in an accident beforehand, I would of otherwise cut my losses and not paid the $8000 to repair it.

Would it be possible for me to turn around and say (if the car gets repaired) for the (At fault party's) insurance to pay the mechanic what he is owed as well as repair my vehicle?

Thanks in advanced.

Automotive

Comments

  • Olokun on 03/08/2015 - 13:49
    +1

    A similar situation was asked on radio to David Whiting here

    Slightly different circumstance but I think the result will be the same. The 2 matters are separate and you won't be able to claim back the $8K IMHO

    Have you spoken to your insurer?

    • Radderz on 03/08/2015 - 14:30

      Havent spoken to my insurer no, as the person at fault has claimed it and waiting on assessors now.

      Above situation is similar, however the matter of repairing the car wouldnt of occured if the car had been previously damaged.

      The thing is by me fixing it for 8k, it would still be worth around 22-25k, meaning i could sell it and recover at least 50% of repair cost, not damaged. However now its been damaged, i doubt i could get that margin in selling price .

      • PVA on 03/08/2015 - 19:05

        you should still talk to your insurers and put a claim in.

  • anna10 on 03/08/2015 - 14:34

    I would call the ombudsman/person, just not sure which one off hand. Maybe insurance or ask the peak body for car repairs - what state is the car in? Maybe some place such as:

    http://www.consumerlaw.gov.au/content/content.aspx?doc=quest…

    • Radderz on 03/08/2015 - 15:37

      Car is registered in Victoria. Yeah, if it gets written off not much I can do, but if not, definitely will have to sus out further action if insurance doesn't agree to pay up.

  • fruit on 03/08/2015 - 14:56
    +3

    This is covered under consequential loss:
    https://www.accc.gov.au/publications/consumer-guarantees-a-g…

    Will your car lose value as a consequence if it's repaired? Then they are liable for that loss.

    • Radderz on 03/08/2015 - 16:09

      Hmm.. will have a read. Thanks Fruit!

  • jaybmate on 03/08/2015 - 15:52

    Plot twist - Mechanic smashed car BEFORE the work was done to it.

    • Radderz on 03/08/2015 - 16:10
      +2

      Aha! I did have my doubts only to confirm work was done as I moved the wheel after the incident and the distinct clunk of the steering rack was no more.

  • Randxyz123 on 03/08/2015 - 16:00

    I can understand you wanting to repair it, the R36 is fantastic! Such a shame it was smashed into :(

    You may need to speak to the ombudsman or even a lawyer if you can't get insurance to pay.

    • Radderz on 03/08/2015 - 16:09

      Yeah, any other vehicle and I would've cut my losses and sold it as a fixer-upper'er but it's just way too nice of a vehicle for that or parts. Look for every excuse to drive it.

      Looks like I'll have to if insurance refuse to pay. Thanks!

  • Steptoe on 03/08/2015 - 18:53

    The 3rd party's insurer is offer you $18K + settling the repair cost? So effectively $18K+ $8K = $26K?

    Do you have your own agreed value or market value policy? If so what is the value using that policy?

    Do you get wreck retention after payout?

    • Radderz on 03/08/2015 - 19:09

      What I was told, from the At-Fault Persons Insurance is that if it is a write-off, that the mechanics cost would be sorted as well. My Agreed value is at 18k, but that's through my insurance, who I haven't put in a claim yet.

      • Steptoe on 03/08/2015 - 19:15

        So you are effectively getting $26K for your car. If you buy another, be sure to check if those 2 items have been replaced.

        The DSG doesn't sound like something you want on a car out of warranty. Unless you can claim Statutory Warranty?

        • Radderz on 03/08/2015 - 19:29

          I know, the thing is I prefer it to be repaired, and my mechanic paid out. As I said, I wouldn't otherwise want to repair an already-damaged vehicle.

  • 2big4u on 03/08/2015 - 20:45

    Ok how about this.

    Another option is that they pay you out (lower value) AND you keep the car.

    However You have to first see how substantial the damage is and how much it will cost to repair.

    If you come to a conclusion that you will be better off with this option then why not?

  • zerocritical on 04/08/2015 - 07:38

    I think the insurance companies gives you an option of buying back the written off car as well after settlement.

    Ask your mechanic if the parts he used can be taken off from it to be sold separately as they'd be virtually brand new.

  • SlickMick on 04/08/2015 - 07:55

    Surely is the car was in need of $8000 work, it was worth $8000 less without this work?? So either the car was worth $10000 pre-repair and you're being covered for the repair cost, or if the car is worth $26000 your insurance company is ripping you off??

  • CacheHunter on 04/08/2015 - 07:58
    +1

    It sounds like you haven't paid the $8k for the repairs yet. You contracted to pay the mechanic $8k to repair your car and return it to you in good working order. They haven't, so you aren't liable for the repair bill until they do, which it sounds like they can't if it is going to be written off.

    If the mechanic complains about loss of income, they should be able to claim on their own insurance or from the at fault driver.
    I can see how this is a very unfortunate and stressful situation to be in. However, it is fortunate the accident happened while your car was still in the care of the mechanic. If you'd collected it and the collision had happened while you were driving it home, you'd be in a much worse situation.

    • Radderz on 04/08/2015 - 15:29

      Yeah haven't paid as of yet. Same thinking that I've contracted for the car in working order, hence the insurance said if written off they will. However, there is a chance of it being repaired as well, (which I prefer as I want the car), is there anything I can say/do to have the insurance foot some of the mechanics bill now my car has been in an accident?

      • Mrcooper81 on 05/08/2015 - 01:32

        You can try. You're better off making a good argument about the value of the car being $25 and that's how much you want not $18. If you can make a good case, similar vehicles replacement value etc, you can ask for more. And don't even pay the mechanic if the vehicle gets written off. Read the other post, it's not your obligation to pay for something you never received.

        I'd go harder at the mechanic and get some concessions (in writing) from them about discount servicing for your inconvenience. I know they weren't the at fault driver but ultimately you delivered the car into their hands and they are primarily responsible for its care.

        • Mrcooper81 on 05/08/2015 - 01:36

          Get a smart sounding friend to dress I a suit and visit the mechanic and say they are representing you to negotiate a resolution :)

  • Mrcooper81 on 05/08/2015 - 01:29

    There is absolutely no way in hell the $8k that was agreed to the mechanic is owed by you until you receive a car in working order with the agreed work completed. Hence it is not a part of your insurance claim to have to pay this money. The mechanic is liable for the damage as the car was in their care when the damage happened. If the at fault driver didn't have insurance the mechanic would be legally required to claim against their own insurance to reimburse you and then pursue litigation damages against the other driver. The 8k shouldn't even be in the equation if the car is written off, that is between the mechanic, his insurance and the insurance of the at fault driver. Absolutely nothing to do with you. However if the car is repaired and returned to you in as good condition as you dropped it off with agreed work done then AND ONLY THEN is the 8k due. I'd twist the mechanics arm and see if you can get lifetime discount/free servicing on the car if it's repaired seeing as it will definitely have other issues coming out of this accident. You don't have to accept the offer the insurance company makes, you can counter offer. Know your rights and don't get pushed around

  • THICKnSLOW on 05/08/2015 - 10:59

    Did the airbags go off?

  • dragonfly090 on 05/08/2015 - 11:03

    Interesting, subscribing to this to see the outcome.

  • Radderz on 05/08/2015 - 15:54

    Assessors have assessed the car finally and its going to be repaired.

    Now the car is being repaired, I still owe the mechanic the $8000. When I get the car back, is there anything I can do to lower this value?

    • Mrcooper81 on 05/08/2015 - 18:45
      +1

      Claim loss of income and inconvenience and tell them you only want to pay half :)

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